Articles Posted in Personal Injury Litigation

BCCN partner Vanessa Cantley spoke with WHAS 11 in a segment to air tonight, voicing her support for her client Collin Craig. Craig’s decision to come forward and reveal alcohol and sexual abuse resulted in a comprehensive investigation of the Western Kentucky University swimming and diving program, and a decision to suspend the team for five years.

“It’s going to follow him wherever he goes now and for him to have recognized that was the potential outcome and to stand up anyway and say, ‘No, enough is enough here, this has got to stop,’ I don’t know that I would have had that courage at 19 years old and the fact that he does is amazing,” Cantley said in her interview.

Craig told police that junior members of the Swimming and Diving team, as well as new recruits, were forced to consume alcohol at dangerous rates, and that sexual assault was normalized. Coaches were aware of the behaviors and encouraged team members to keep the behaviors secret.

“The pervasive culture of misconduct in the swimming and diving program is intolerable. A five year suspension is both necessary and prudent,” WKU President Gary Ransdell said.

Ransdell and Athletic Director Todd Stewart announced to team members and coaching staff Tuesday morning that the university would suspend the program for five years and eliminate several of its coaching positions as of June 30.

A trial in South Georgia concerning the death of a four year old boy is renewing debate over Jeep safety. Remington Walden died in the backseat of his family’s 1999 Jeep Grand Cherokee when the car erupted in flames after being rear-ended at an intersection. The family’s lawyers allege that the carmaker has long been aware of the fatal defects that caused the child’s tragic and painful death, including the fuel tank placement just 11 inches from the rear bumper.

BCCN reported in October of 2009 that the Jeep Grand Cherokee fuel tank was 400% more likely to cause a fire and endanger or kill the vehicle’s occupants than other SUVs.  The Center for Auto Safety had at the time asked the National Highway Traffic Safety Administration to recall all such cars made between 1993-2004, asserting that data showed that these cars were 4 times more likely to result in a fatal fire during a crash than other sport utility vehicles. The government currently links at least 70 deaths to these vehicles’ defects.

Fiat Chrysler recalled more than 1.5 million vehicles, including all 2002-2007 Jeep Liberty models as well as the ones suggested years earlier by the Center, under government pressure in June 2013. The company continues to insist that the vehicles met safety requirements at the time they were built, and that they were not defective. Sergio Marchionne, Fiat Chrysler Automobiles CEO, stated in a deposition that the company believes that the cars are no more susceptible to fire than other SUVs.

BCCN is currently reviewing and accepting defective Jeep and SUV cases resulting in a fuel tank explosion on a nationwide basis.

A natural gas pipeline exploded early Thursday morning in the Adair County community of Knifley. Adair County Emergency Management Director, Greg Thomas, said.two people went to the hospital and two homes were destroyed. A third home was damaged by fire as well as several vehicles.

The pipeline is about 20 feet underground and is owned by Columbia Gulf Transmission. Investigators for the company, as well as state and federal authorities, are currently trying to determine the cause of the explosion.

Local residents reported that the ground shook for several miles and flames were several hundred feet high in the air. Large boulders were also strewn around the area. Over 100 firefighters responded to the scene from surrounding counties.

Columbia Gulf Transmission operates over 1400 miles of gas pipelines in Kentucky. A rupture also occurred along a section of this same pipeline in Estill County back in January 2012.


The family of a Washington, D.C. woman who was hit and killed by a Lexington Fire Department truck has settle with the Lexington-Fayette Urban County Government for $2 million and with the city’s insurance provider, National Indemnity Co. for $1.75 million.
Lauren Woodall Roady, 27, was crossing the street at the intersection of Broadway and West Main Street in December of 2012 when she was hit by a fire truck being operated by firefighter Christopher Presley. According to reports, the truck was not on an emergency call at the time of the accident and neither the sirens nor the lights were activated. Presley was turning left onto South Broadway when he struck Roady.
Lexington police determined that Roady had the right-of-way as a pedestrian when she was struck and that Presley’s vision was impaired by fog and weather conditions.
Presley has since retired from the fire department.


Over thirty thousand lawsuits have been filed against various manufacturers of transvaginal mesh products and have been divided into six separate multi-district litigations. Women who have filed lawsuits allege that the manufacturers of transvaginal mesh products purposefully mislead patients, the FDA, the medical community and the public regarding the safety of the products. The lawsuits also allege that the product’s manufacturers provided misleading informative materials to physicians in order to increase sales, failed to properly test and research the risks associated with the products and failed to formulate safe and effective means to remove the product.

Many Plaintiffs additionally forwarded products liability claims alleging that the manufacturers failed to properly warn of the product’s potential for complications and injuries and for manufacturing a defective product whose complications are unreasonably dangerous.

The purpose of transvaginal mesh is to treat primarily pelvic organ prolapse or stress urinary incontinence. Many women who received the mesh implants suffered severe complications and required corrective surgeries. In some instances, women have been forced to undergo ten or more corrective surgeries.

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A group of 10 black former “American Idol” contestants have sued the Fox show, claiming producers dug up their arrest histories to throw them off because of their race, according to TMZ.

The contestants say they were unfairly painted as criminals and sexual deviants – despite that none was ever charged with a crime for which they were arrested, according to the report. What’s more – they say only blacks were targeted with the smear campaign.

Plaintiffs are Jaered Andrews (Season 2); Terrel and Derrell Brittenum (Season 5); Corey Clark (Season 2, pictured); Thomas Daniels (Season 6); Chris Golightly (Season 9); Ju’Not Joyner (Season 8); Jacob John Smalley (Season 2); Akron Watson (Season 6) and Donnie Williams (Season 3).

Fox and “Idol” producers FremantleMedia had no comment on the lawsuit when contacted for comment.
Each is suing for $25 million, and the group wants “American Idol” to implement a system to stop the behavior.

A plane crashed at Seneca Golf Course near Bowman Field on Tuesday night at approximately 10:30 p.m. Four young males were aboard the plane when it went down nose-first at the 18th hole. Luckily, a witness saw the crash and called 911.

Firefighters had to extract all four passengers from the plane. They were taken to University Hospital with significant injuries. One is reported to be in critical condition, while the others are in serious condition.

The pilot of the plane, Cody Goodan, just graduated from Butler High and recently obtained his pilot’s license. The other three passengers were friends of his. Investigators stated that the young men were participating in a training exercise to practice take-offs and landings, but the cause of the crash is unknown at this time.

The plane is a Cessna with a fixed wing single-engine, number N118JD. It is registered to Cardinal Wings Aviation. FAA Investigators have finished their inspection of the wreckage and will turn over their findings to the NTSB. A preliminary report is expected by next week, but a full report could take up to 18 months.

A lawsuit has been filed for a survivor of a Philadelphia building collapse that killed six people and injured 13. The plaintiff is suing the four-story building’s owner and a demolition contractor who was tearing it down when it collapsed onto a thrift store last week. The lawsuit seeks unspecified financial damages. Ms. Nadine White was buried in the rubble but survived.

The allegations in the suit are that Griffin Campbell violated several federal safety regulations and showed blatant disregard for human life. The suit alleges that building owner Richard Basciano was ‘‘grossly negligent’’ in picking Campbell to do the work.

Thus far, Basciano and his local agent have not issued a comment.

The Food and Drug Administration (“FDA”) announced Wednesday that Lowlite Investments Inc., doing business as Olympia Pharmacy in Orlando, Florida, has initiated a voluntary recall of all unexpired sterile drug products produced by the compounding pharmacy “due to concerns associated with prior quality control procedures that impacted sterility.”
Specifically, the recall involves all sterile products “compounded between December 17, 2012, and March 27” that Lowlite “supplied to patients and offices of licensed medical professionals with a use-by date of September 25, 2013, or earlier.”
This is yet another recall related to compounding pharmacies. Compounding pharmacies started coming under increased scrutiny after a pharmacy in Massachusetts distributed drugs that contained fungal meningitis. That outbreak killed more than 55 people and over 740 others have been sickened after receiving contaminated injections.

Compounding pharmacies have traditionally been regulated by states with wide-ranging laws and rules from state to state. The FDA has tried to assert its authority over these operations, though it has repeatedly been challenged in court by pharmacy owners. Legislation proposed in Congress would give the FDA direct oversight over compounding pharmacies.

The United States Food and Drug Administration (FDA) has announced a recall by Salmolux of its cold smoked salmon products because it has the potential to be contaminated with Listeria monocytogenes. Listeria is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weak immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

No illnesses have been reported. A total of approximately 4,930 lbs of product were distributed in AR, AZ, CA, ID, MI, NV, NY, OH, OR, WA. Product is packed in vacuum bags and lot number information is on the back of the pack. To see a list of recalled products visit the FDA website here.